MANOJ MISRA, SANJAY KAROL
M. D. A. Chaudhary – Appellant
Versus
Kartar Chand – Respondent
| Table of Content |
|---|
| 1. claimant suffered serious injuries from an accident. (Para 3 , 4) |
| 2. high court enhanced compensation based on tribunal's errors. (Para 5 , 6) |
| 3. court recalculates compensation applying correct multiplier. (Para 10 , 11) |
| 4. final orders for compensation and interest established. (Para 12 , 13) |
ORDER :
7 years 3 months 14 years Excluding application for review and recall 11 months
3. The brief facts giving rise to this appeal are that on 1st January 1993, the claimant-appellant, then aged 27 and employed as a Sepoy in the Army, was proceeding towards the bank on his bicycle, when the offending vehicle bearing registration number HR-01-A-9247, driven by Kartar Chand, Respondent No.1 herein struck and dragged him for a considerable distance. Consequently, the claimant-appellant suffered serious head injuries and multiple fractures in his left foot. He underwent treatment at the Military Hospital, Chandimandir, where a rod was inserted in his left foot and his jaw was repaired with metal wires. He was later admitted again for further treatment of his left leg in the Military Hospital. On account of the injuries suffered, the claimant-appellant sustained permanent disabili
Injury in motor accident – Objective when granting compensation under Motor Vehicles Act, 1988, is to ensure that just and fair compensation is paid to aggrieved party.
Compensation for minors in motor vehicle accidents must consider future prospects and non-pecuniary damages, not just structured formulas.
The main legal point established in the judgment is the correct assessment of compensation under the Motor Vehicles Act and the application of the correct multiplier for calculating the compensation.
The court established that oral evidence is crucial for determining income in compensation claims, emphasizing the need for accurate assessment of disability.
The court restored the Tribunal's compensation award, finding the High Court's reduction of the appellant's income and compensation unjustified.
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